Bill Amendment: IL HB1103 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CRIMINAL LAW-TECH
Status: 2022-04-07 - Added as Alternate Co-Sponsor Sen. Patrick J. Joyce [HB1103 Detail]
Download: Illinois-2021-HB1103-House_Amendment_003.html
Bill Title: CRIMINAL LAW-TECH
Status: 2022-04-07 - Added as Alternate Co-Sponsor Sen. Patrick J. Joyce [HB1103 Detail]
Download: Illinois-2021-HB1103-House_Amendment_003.html
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1 | AMENDMENT TO HOUSE BILL 1103
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2 | AMENDMENT NO. ______. Amend House Bill 1103 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7.5 as follows:
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6 | (5 ILCS 140/7.5)
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7 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
8 | by the statutes referenced below, the following shall be | ||||||
9 | exempt from inspection and copying: | ||||||
10 | (a) All information determined to be confidential | ||||||
11 | under Section 4002 of the Technology Advancement and | ||||||
12 | Development Act. | ||||||
13 | (b) Library circulation and order records identifying | ||||||
14 | library users with specific materials under the Library | ||||||
15 | Records Confidentiality Act. | ||||||
16 | (c) Applications, related documents, and medical |
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1 | records received by the Experimental Organ Transplantation | ||||||
2 | Procedures Board and any and all documents or other | ||||||
3 | records prepared by the Experimental Organ Transplantation | ||||||
4 | Procedures Board or its staff relating to applications it | ||||||
5 | has received. | ||||||
6 | (d) Information and records held by the Department of | ||||||
7 | Public Health and its authorized representatives relating | ||||||
8 | to known or suspected cases of sexually transmissible | ||||||
9 | disease or any information the disclosure of which is | ||||||
10 | restricted under the Illinois Sexually Transmissible | ||||||
11 | Disease Control Act. | ||||||
12 | (e) Information the disclosure of which is exempted | ||||||
13 | under Section 30 of the Radon Industry Licensing Act. | ||||||
14 | (f) Firm performance evaluations under Section 55 of | ||||||
15 | the Architectural, Engineering, and Land Surveying | ||||||
16 | Qualifications Based Selection Act. | ||||||
17 | (g) Information the disclosure of which is restricted | ||||||
18 | and exempted under Section 50 of the Illinois Prepaid | ||||||
19 | Tuition Act. | ||||||
20 | (h) Information the disclosure of which is exempted | ||||||
21 | under the State Officials and Employees Ethics Act, and | ||||||
22 | records of any lawfully created State or local inspector | ||||||
23 | general's office that would be exempt if created or | ||||||
24 | obtained by an Executive Inspector General's office under | ||||||
25 | that Act. | ||||||
26 | (i) Information contained in a local emergency energy |
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1 | plan submitted to a municipality in accordance with a | ||||||
2 | local emergency energy plan ordinance that is adopted | ||||||
3 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
4 | (j) Information and data concerning the distribution | ||||||
5 | of surcharge moneys collected and remitted by carriers | ||||||
6 | under the Emergency Telephone System Act. | ||||||
7 | (k) Law enforcement officer identification information | ||||||
8 | or driver identification information compiled by a law | ||||||
9 | enforcement agency or the Department of Transportation | ||||||
10 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
11 | (l) Records and information provided to a residential | ||||||
12 | health care facility resident sexual assault and death | ||||||
13 | review team or the Executive Council under the Abuse | ||||||
14 | Prevention Review Team Act. | ||||||
15 | (m) Information provided to the predatory lending | ||||||
16 | database created pursuant to Article 3 of the Residential | ||||||
17 | Real Property Disclosure Act, except to the extent | ||||||
18 | authorized under that Article. | ||||||
19 | (n) Defense budgets and petitions for certification of | ||||||
20 | compensation and expenses for court appointed trial | ||||||
21 | counsel as provided under Sections 10 and 15 of the | ||||||
22 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
23 | apply until the conclusion of the trial of the case, even | ||||||
24 | if the prosecution chooses not to pursue the death penalty | ||||||
25 | prior to trial or sentencing. | ||||||
26 | (o) Information that is prohibited from being |
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1 | disclosed under Section 4 of the Illinois Health and | ||||||
2 | Hazardous Substances Registry Act. | ||||||
3 | (p) Security portions of system safety program plans, | ||||||
4 | investigation reports, surveys, schedules, lists, data, or | ||||||
5 | information compiled, collected, or prepared by or for the | ||||||
6 | Department of Transportation under Sections 2705-300 and | ||||||
7 | 2705-616 of the Department of Transportation Law of the | ||||||
8 | Civil Administrative Code of Illinois, the Regional | ||||||
9 | Transportation Authority under Section 2.11 of the | ||||||
10 | Regional Transportation Authority Act, or the St. Clair | ||||||
11 | County Transit District under the Bi-State Transit Safety | ||||||
12 | Act. | ||||||
13 | (q) Information prohibited from being disclosed by the | ||||||
14 | Personnel Record Review Act. | ||||||
15 | (r) Information prohibited from being disclosed by the | ||||||
16 | Illinois School Student Records Act. | ||||||
17 | (s) Information the disclosure of which is restricted | ||||||
18 | under Section 5-108 of the Public Utilities Act.
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19 | (t) All identified or deidentified health information | ||||||
20 | in the form of health data or medical records contained | ||||||
21 | in, stored in, submitted to, transferred by, or released | ||||||
22 | from the Illinois Health Information Exchange, and | ||||||
23 | identified or deidentified health information in the form | ||||||
24 | of health data and medical records of the Illinois Health | ||||||
25 | Information Exchange in the possession of the Illinois | ||||||
26 | Health Information Exchange Office due to its |
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1 | administration of the Illinois Health Information | ||||||
2 | Exchange. The terms "identified" and "deidentified" shall | ||||||
3 | be given the same meaning as in the Health Insurance | ||||||
4 | Portability and Accountability Act of 1996, Public Law | ||||||
5 | 104-191, or any subsequent amendments thereto, and any | ||||||
6 | regulations promulgated thereunder. | ||||||
7 | (u) Records and information provided to an independent | ||||||
8 | team of experts under the Developmental Disability and | ||||||
9 | Mental Health Safety Act (also known as Brian's Law). | ||||||
10 | (v) Names and information of people who have applied | ||||||
11 | for or received Firearm Owner's Identification Cards under | ||||||
12 | the Firearm Owners Identification Card Act or applied for | ||||||
13 | or received a concealed carry license under the Firearm | ||||||
14 | Concealed Carry Act, unless otherwise authorized by the | ||||||
15 | Firearm Concealed Carry Act; and databases under the | ||||||
16 | Firearm Concealed Carry Act, records of the Concealed | ||||||
17 | Carry Licensing Review Board under the Firearm Concealed | ||||||
18 | Carry Act, and law enforcement agency objections under the | ||||||
19 | Firearm Concealed Carry Act. | ||||||
20 | (v-5) Records of the Firearm Owner's Identification | ||||||
21 | Card Review Board that are exempted from disclosure under | ||||||
22 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
23 | (w) Personally identifiable information which is | ||||||
24 | exempted from disclosure under subsection (g) of Section | ||||||
25 | 19.1 of the Toll Highway Act. | ||||||
26 | (x) Information which is exempted from disclosure |
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1 | under Section 5-1014.3 of the Counties Code or Section | ||||||
2 | 8-11-21 of the Illinois Municipal Code. | ||||||
3 | (y) Confidential information under the Adult | ||||||
4 | Protective Services Act and its predecessor enabling | ||||||
5 | statute, the Elder Abuse and Neglect Act, including | ||||||
6 | information about the identity and administrative finding | ||||||
7 | against any caregiver of a verified and substantiated | ||||||
8 | decision of abuse, neglect, or financial exploitation of | ||||||
9 | an eligible adult maintained in the Registry established | ||||||
10 | under Section 7.5 of the Adult Protective Services Act. | ||||||
11 | (z) Records and information provided to a fatality | ||||||
12 | review team or the Illinois Fatality Review Team Advisory | ||||||
13 | Council under Section 15 of the Adult Protective Services | ||||||
14 | Act. | ||||||
15 | (aa) Information which is exempted from disclosure | ||||||
16 | under Section 2.37 of the Wildlife Code. | ||||||
17 | (bb) Information which is or was prohibited from | ||||||
18 | disclosure by the Juvenile Court Act of 1987. | ||||||
19 | (cc) Recordings made under the Law Enforcement | ||||||
20 | Officer-Worn Body Camera Act, except to the extent | ||||||
21 | authorized under that Act. | ||||||
22 | (dd) Information that is prohibited from being | ||||||
23 | disclosed under Section 45 of the Condominium and Common | ||||||
24 | Interest Community Ombudsperson Act. | ||||||
25 | (ee) Information that is exempted from disclosure | ||||||
26 | under Section 30.1 of the Pharmacy Practice Act. |
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1 | (ff) Information that is exempted from disclosure | ||||||
2 | under the Revised Uniform Unclaimed Property Act. | ||||||
3 | (gg) Information that is prohibited from being | ||||||
4 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
5 | Code. | ||||||
6 | (hh) Records that are exempt from disclosure under | ||||||
7 | Section 1A-16.7 of the Election Code. | ||||||
8 | (ii) Information which is exempted from disclosure | ||||||
9 | under Section 2505-800 of the Department of Revenue Law of | ||||||
10 | the Civil Administrative Code of Illinois. | ||||||
11 | (jj) Information and reports that are required to be | ||||||
12 | submitted to the Department of Labor by registering day | ||||||
13 | and temporary labor service agencies but are exempt from | ||||||
14 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
15 | and Temporary Labor Services Act. | ||||||
16 | (kk) Information prohibited from disclosure under the | ||||||
17 | Seizure and Forfeiture Reporting Act. | ||||||
18 | (ll) Information the disclosure of which is restricted | ||||||
19 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
20 | Aid Code. | ||||||
21 | (mm) Records that are exempt from disclosure under | ||||||
22 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
23 | (nn) Information that is exempt from disclosure under | ||||||
24 | Section 70 of the Higher Education Student Assistance Act. | ||||||
25 | (oo) Communications, notes, records, and reports | ||||||
26 | arising out of a peer support counseling session |
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1 | prohibited from disclosure under the First Responders | ||||||
2 | Suicide Prevention Act. | ||||||
3 | (pp) Names and all identifying information relating to | ||||||
4 | an employee of an emergency services provider or law | ||||||
5 | enforcement agency under the First Responders Suicide | ||||||
6 | Prevention Act. | ||||||
7 | (qq) Information and records held by the Department of | ||||||
8 | Public Health and its authorized representatives collected | ||||||
9 | under the Reproductive Health Act. | ||||||
10 | (rr) Information that is exempt from disclosure under | ||||||
11 | the Cannabis Regulation and Tax Act. | ||||||
12 | (ss) Data reported by an employer to the Department of | ||||||
13 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
14 | Human Rights Act. | ||||||
15 | (tt) Recordings made under the Children's Advocacy | ||||||
16 | Center Act, except to the extent authorized under that | ||||||
17 | Act. | ||||||
18 | (uu) Information that is exempt from disclosure under | ||||||
19 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
20 | (vv) Information that is exempt from disclosure under | ||||||
21 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
22 | Public Aid Code. | ||||||
23 | (ww) Information that is exempt from disclosure under | ||||||
24 | Section 16.8 of the State Treasurer Act. | ||||||
25 | (xx) Information that is exempt from disclosure or | ||||||
26 | information that shall not be made public under the |
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1 | Illinois Insurance Code. | ||||||
2 | (yy) Information prohibited from being disclosed under | ||||||
3 | the Illinois Educational Labor Relations Act. | ||||||
4 | (zz) Information prohibited from being disclosed under | ||||||
5 | the Illinois Public Labor Relations Act. | ||||||
6 | (aaa) Information prohibited from being disclosed | ||||||
7 | under Section 1-167 of the Illinois Pension Code. | ||||||
8 | (bbb) (ccc) Information that is prohibited from | ||||||
9 | disclosure by the Illinois Police Training Act and the | ||||||
10 | Illinois State Police Act. | ||||||
11 | (ccc) (ddd) Records exempt from disclosure under | ||||||
12 | Section
2605-304 of the Illinois Department of State | ||||||
13 | Police Law of the Civil
Administrative Code of Illinois. | ||||||
14 | (ddd) (bbb) Information prohibited from being | ||||||
15 | disclosed under Section 35 of the Address Confidentiality | ||||||
16 | for Victims of Domestic Violence, Sexual Assault, Human | ||||||
17 | Trafficking, or Stalking Act. | ||||||
18 | (eee) (ddd) Information prohibited from being | ||||||
19 | disclosed under subsection (b) of Section 75 of the | ||||||
20 | Domestic Violence Fatality Review Act. | ||||||
21 | (fff) Information that is exempt from disclosure under | ||||||
22 | the Expressway Camera Act. | ||||||
23 | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | ||||||
24 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||||||
25 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
26 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; |
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1 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
2 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
3 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
4 | 102-559, eff. 8-20-21; revised 10-5-21.)
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5 | Section 10. The Illinois Criminal Justice Information Act | ||||||
6 | is amended by adding Section 7.10 as follows:
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7 | (20 ILCS 3930/7.10 new) | ||||||
8 | Sec. 7.10. Pilot program; residential security camera | ||||||
9 | footage incentive. | ||||||
10 | (a) In this Section, "Residential security camera" means | ||||||
11 | any electronic device set in a fixed position outside of a | ||||||
12 | dwelling place that is capable of recording or transmitting | ||||||
13 | video or audio. | ||||||
14 | (b) Subject to appropriation, the Authority shall | ||||||
15 | establish a pilot program to award $100 to any individual who | ||||||
16 | supplies video or audio footage from the individual's | ||||||
17 | residential security camera that materially contributes to a | ||||||
18 | criminal conviction. The Authority shall distribute the award | ||||||
19 | to the law enforcement agency investigating or the State's | ||||||
20 | Attorney prosecuting the crime, who shall pay the individual | ||||||
21 | directly. To be eligible for an award under the pilot program, | ||||||
22 | the State's Attorney that prosecuted the offender must certify | ||||||
23 | to the Authority that (i) the individual supplied video or | ||||||
24 | audio footage from the individual's residential security |
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1 | camera and (ii) the video or audio footage supplied by the | ||||||
2 | individual materially contributed to the criminal conviction | ||||||
3 | of an offender. The video and audio footage shall be subject to | ||||||
4 | the Protecting Household Privacy Act. The pilot program shall | ||||||
5 | terminate after a total of $1,000,000 has been awarded under | ||||||
6 | the pilot program. The Authority may adopt rules to implement | ||||||
7 | and administer the pilot program. | ||||||
8 | (c) The Authority shall also collect data regarding the | ||||||
9 | pilot program, including, but not limited to: | ||||||
10 | (1) the number of instances in which camera-captured | ||||||
11 | information was provided to police; | ||||||
12 | (2) a geographic breakdown of where camera-captured | ||||||
13 | information originated; | ||||||
14 | (3) the number of instances in which camera-captured | ||||||
15 | information was used as evidence in a judicial proceeding | ||||||
16 | or trial; | ||||||
17 | (4) the number of times the $100 award was paid to any | ||||||
18 | individual under the pilot program; and | ||||||
19 | (5) the instances in which camera-captured information | ||||||
20 | led to a successful conviction. | ||||||
21 | (d) This Section is repealed on July 1, 2025.
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22 | Section 15. The Expressway Camera Act is amended by | ||||||
23 | changing Section 5 as follows:
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24 | (605 ILCS 140/5)
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1 | (Section scheduled to be repealed on July 1, 2023) | ||||||
2 | Sec. 5. Camera program. | ||||||
3 | (a) The Illinois State Police, the Illinois Department of
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4 | Transportation, and the Illinois State Toll Highway Authority
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5 | shall work together to conduct a program to increase the | ||||||
6 | amount
of cameras along expressways and the State highway | ||||||
7 | system in the counties of Boone, Bureau, Champaign, Cook, | ||||||
8 | DeKalb, DuPage, Grundy, Henry, Kane, Kendall, Lake, LaSalle, | ||||||
9 | Macon, Madison, McHenry, Morgan, Peoria, Rock Island, | ||||||
10 | Sangamon, St. Clair, Will, and Winnebago Cook County . | ||||||
11 | (b) Images from the cameras may be used by any authorized | ||||||
12 | municipal police department, county sheriff's office, State | ||||||
13 | Police officer, or other law enforcement agency with | ||||||
14 | jurisdiction over the expressway in Cook County in the | ||||||
15 | investigation of any forcible felony, including, but not | ||||||
16 | limited to, offenses offense involving the use of a firearm ; | ||||||
17 | and to detect expressway hazards and highway conditions; and | ||||||
18 | to facilitate highway safety and incident management . Images | ||||||
19 | from the cameras shall not be used to enforce petty offenses. | ||||||
20 | Images from the cameras may be used
by any law enforcement | ||||||
21 | agency conducting an active law
enforcement investigation. | ||||||
22 | Images from the cameras are exempt from disclosure under the | ||||||
23 | Freedom of Information Act. All images from the cameras must | ||||||
24 | be deleted within 180 days, unless the images are relevant to | ||||||
25 | an ongoing investigation or pending criminal trial. Cameras | ||||||
26 | shall not be used to monitor individuals or groups in a |
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1 | discriminatory manner contrary to applicable State or federal | ||||||
2 | law. | ||||||
3 | (b-5) Each law enforcement agency shall report statistics | ||||||
4 | to the Illinois Criminal Justice Information Authority. No | ||||||
5 | later than June 30, 2023, the Illinois Criminal Justice | ||||||
6 | Information Authority shall issue a report concerning the | ||||||
7 | instances in which camera-captured information lead to a | ||||||
8 | successful conviction. | ||||||
9 | (c) Subject to appropriation, any funds needed to conduct | ||||||
10 | the program for use on expressways under the jurisdiction of | ||||||
11 | the Department of Transportation shall be taken from the Road | ||||||
12 | Fund and shall be included in requests for qualification | ||||||
13 | processes. Any funds needed to conduct the program for use on | ||||||
14 | expressways under the jurisdiction of the Illinois State Toll | ||||||
15 | Highway Authority shall be paid for by funds from the Illinois | ||||||
16 | State Tollway Highway Authority and shall be included in | ||||||
17 | requests for qualification processes . | ||||||
18 | (c-5) Any forcible felony, gunrunning, or firearms | ||||||
19 | trafficking offense, as defined in Section 2-8, 24-3a, or | ||||||
20 | 24-3b of the Criminal Code of 2012, respectively, committed on | ||||||
21 | an expressway monitored by a camera system funded by money | ||||||
22 | from the Road Fund and investigated by officers of the | ||||||
23 | Illinois State Police may be prosecuted by the Attorney | ||||||
24 | General or the State's Attorney where the offense was | ||||||
25 | committed. | ||||||
26 | (d) As used in this Section, "expressway" has the meaning |
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1 | provided in Section 1-119.3 of the Illinois Vehicle Code.
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2 | (Source: P.A. 101-42, eff. 1-1-20 .)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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